St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-20
THE LETTER OF The LAW.
A Decision by Judge Kelly on the Pub
LEGATION of Notices.
A TECHNICALLY RAISED.
The Council Should Have Called the
Globe by It's Exact
Headlines.


yOlved is that the council, in deSignat-
ing the GLOBE as the official paper,
named the paper as the st. Paul GLOBE,
whereas, to have made it technically
valid, it should have been 1.-The st.
Paul Daily GLOBE" Below is the deci-
sion:
In the matter of the application of the
city of st. Paul for judgment against
certain property assessed for the grad
ing of Ross street, from Atlantic to Earl
street, and Farquier street, from Earl
street to English street.
This proceeding is an application by
said city for judgment against certain
property assessed for grading certain
streets as above entitled. AT the time
the application was called for hearing,
Rose G. Swart, as the owner of lot nine
teen 90 block II, of Terry's addition
to st. Paul, appeared specially by her
attorney, Charles n. Bell, and objected
to the Jurisdiction of this court to hear
said application, on the ground that
no published notice had been given,
as by the charter of said city re-
quired. of said intended application for
Judgment. The matter was then duly
adjourned to Sept. II, 1887, when it
came up for hearing. Having inspected
the files herein, and having heard the
evidence of the respective parties
herein, and duly considered the same, l
find the facts as follows:
The application of said city and the
papers presented, upon which said ap-
plication is based, are of the usual form
in such cases, and the ObjectOr makes
no attempt to show that they are not of
the usual form, and make no findings
upon this feature of the case. Section
So, of page 90, of the Municipal Code of
st. Paul as amended in 1887, is as fol-
lows: at shall be the duty of the city
treasurer Immediately after the thirty
days. or after ten days on re-asSesS-
ment. or new assessment warrant
mentioned in the preceding section, to
report to the district court of Ramsey
county at any general or special term
thereof, all all assessment warrants for
the collection of any assessments I'M
der the provisions of this chap
ter, which have been delivered to
him, and then and there ask for
judgment against the several lots or
parcels of land described in such war
rants for the amount of assessments,
interest and costs, respectively due
thereon. The city treasurer shall pre-
viOusly give at least ten days notice by
two publications in the official paper of
said city of his intended application for
Judgment, which notice shall briefly
specify the respective warrants upon
which such application is to be made,
and a description of the property
against which
JUDGMENT Is DESIRED.
and require all persons interested to at
tend at said term. Said treasurer shall
also give five days personal notice to the
same effect to all property holders in
terested, or their agents, resident in the
city of st. Paul, if known to the said
treasurer and found, but the failure to
give such personal notice shall in no
wise effect the validity of the judgment
applied for, or of any of the proceed
ings. The advertisement so published
shall be deemed and taken to be suffi-
cient, and legal notice of the aforesaid
and intended application by the city
treasurer to such court for Judgment,
and shall be held to be sufficient de-
mand and refusal to pay the said assess
ment"
Section II, page SO, of the same code
reads as follows: 1.-The common cOun-
Gil at their first meeting in each year, or
as soon thereafter as may be, shall
designate one newspaper printed in
said city, in which shall be published
and matters required by this act, or by
the bylaws or ordinances of the COM
mon council, to be published in public
newspaper"
/ find that at the meeting of the city
council of said city, held Jan. 4, ST,
the following resolution was passed:
by Aid, Dowlan:
Resolved, That the St. Paul GLOBE
be and is hereby elected as the official
newspaper of the city for '87, and until
its successor is elected and qualified:
provided that the publisher thereof will
contract to do the city printing and adj
vertiSing at the price now paid for the
city printing. Yeas, 15." This was ap
proved by the mayor Jan. 5. l find also
that at a meeting of said council Jan. z,
a resolution of the same precise form
was adopted. / find that the common
council, at no time during the year,
designated any other newspaper as the
official paper of said city. / find that
the GLOBE publishing company, a cor
poratiOn of Minnesota, publishes a
newspaper daily called the
''ST. PAUL DAILY GLOBE"
also another newspaper issued once
each week, entitled, ''St. Paul WEEKLY
GLOBE;' also tri-weekly paper. Each
of these newspapers have different
and independent subscription list. The
record presented by the city, upon
which this application for judgment is
made, shows that the notice of this case
for judgment was published two sue
ceSSive days in the st. Paul DAILY
GLOBE. No evidence has been
offered or furnished by the city
showing any other publication of
the notice for Judgment, save the
publication in the GLOBE, or any SER
vice, personal or otherwise, save such as
is attempted in and by said publication.
As conclusions of law, find that the
notice of this application to this court
for judgment against said property has
not been published in the official paper,
as required by the charter of said city,
and that the failure to publish such no
tice in an official paper or to serve per-
sonally, as provided by law. notice OF
this application for Judgment, leaves
this court without jurisdiction to grant
the Judgment asked by the city and
without jurisdiction to further entertain
this application for judgment.
The application for judgment is there
fore denied. Let judgment be entered
accordingly as to the particular land
hereinbefOre described.
WILLIAM LOUIS KELLY,
District Judge.
Memorandum am unable to distin-
guiSh the rule applicable to this case,
from the rule or doctrine established in
the case of Russell VS.. The st. Paul,
Minneapolis & Manitoba Railway CON-
pany. reported in the 81 n. w. r., page
692. In that case the supreme court of
this state held that of resolution of the
board of county commissioners of Hen
nepin county, designating the Mime
apolis Tribune as newspaper in which
should be published delinquent tax
list. failed or was imperative as legal
designation of any newspaper, It being
Tribune Publishing company, there IS
sued the Minneapolis daily Tribune. |
hold that the publication of the deiin-
quent list and notice of application for
Judgment as required by the charter of
the city, is jurisdictiOnal prerequisite